Week 1 EU Law Introduction

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Week 1 -

EU Law
Dr Alessandra M. De Tommaso
EU Law

INTRODUCTORY SESSION

• “HOUSE-KEEPING” ISSUES

• PRACTICAL ADVICE

• BASIC DISTINCTIONS
EU Law

KEY TOPICS

• HISTORY OF THE EU
• SOURCES OF EU LAW
• FREE MOVEMENT OF PERSONS
• FREE MOVEMENT OF GOODS
• FUNDAMENTAL PRINCIPLES OF EU LAW
• EU SYSTEM OF JUDICIAL REMEDIES
• EU INSTITUTIONAL FRAMEWORK & DECISION-MAKING
PROCESS
EU Law

HOW IS THE MODULE ASSESSED?

LAW2110
• Moot (Oral Presentation): 25%
– Conducted in groups/teams but assessed
individually
• Exam: 75%
– One seen question, circulated one month
before exam
– Two unseen questions
EU Law

TEXTBOOKS & EU TREATIES

RECOMMENDED TEXTBOOK:
DAVIES, UNDERSTANDING EU LAW PRIMARY MATERIALS:
(Latest edition, ROUTLEDGE) SEE EU TREATIES
CURRENTLY IN FORCE:
FOR EXAM PREPARATION:
https://eur-lex.europa.eu/c
FOSTER, Q&A REVISION GUIDE EU LAW ollection/eu-law/treaties/tre
(Latest edition, OUP) aties-force.html

FREE INTRODUCTORY E-BOOKS: FOR EU LEGISLATION,


The ABC of EU Law (2010, 277p) CASES, CHECK EUR-LEX
available on bookshop.europa.eu
How the EU works? Your guide
to the EU institutions (2014, 44p)
available on bookshop.europa.eu
EU Law

CONTACT DETAILS & OFFICE HOURS

Module Coordinator
Dr Kalpana Sivabalah
Email: k.sivabalah-ponnan@mdx.ac.mu
Office hours: Wednesday, 11:00-1pm

Please see Module Handbook and UniHub for


relevant email addresses and additional
information
EU Law

WHAT WE EXPECT OF YOU

• Mutual respect
• Read
• Attend lessons and be ON TIME
• Bring a laptop/tablet if you have one
• Read
• Be responsible for you own learning
• Ask for help when you need it
• Seriously though, read…
EU Law

…READ
• You are expected to read relevant
materials and prepare relevant
exercises every week prior to
attending the class

• You are also expected to familiarise


yourself with the content of the two
main EU Treaties (TEU and TFEU)
which are both available for
download on eur-lex.europa.eu (see
latest ‘consolidated version)
EU Law

PRACTICAL ADVICE

• Referencing Treaty articles


• Searching for EU legislation and EU
Cases
• Online information on EU institutions
EU Law

Referencing Treaty Articles


• POST-LISBON TREATY: Two main treaties:
 Treaty on European Union (TEU)
 Treaty on the Functioning of the
European Union (TFEU)
• You must cite the Treaty provision followed
by TEU or TFEU: e.g. Art. 1 TEU; Art. 1
TFEU; etc.

NB: THE ENTIRE TREATY ARTICLE NUMBERING WAS CHANGED


TWICE (in 1996 and 2007)
This means that same Treaty provision may have been known under 3
different numbers since 1957…
E.g. the provision on the preliminary jurisdiction of the EU Court of
Justice: Art. 177 EEC became Art. 234 EC in 1996 and Art. 267 TFEU
in 2007
EU Law

Searching for EU legislation and EU


Cases
• EU LEGISLATION: http://eur-lex.europa.eu

• EU CASES: http://curia.europa.eu/jcms/jcms/j_6/

• For general EU info:


HTTP://EUROPA.EU/INDEX_EN.HTM
EU Law
EU Law

BASIC
DISTINCTIONS:
Council of Europe v
European Union
EU Law

“The next game is to tell the difference between the European


Council, Council of Europe and Council of the EU”
Pablo Pérez, twitter
EU Law

Source: Pablo Pérez


EU Law

Council of Europe v. European Union


Council of Europe European Union (EU)
• Set up in 1947 following WWII, to • Originally known as the European
protect human rights, promote Economic Community (ECC)
democracy and the rule of law • Established in 1957 by the Treaty of
• Enacted the European Rome, to ensure peace in Europe
Convention on Human Rights through economic integration
(ECHR), of which the UK is a • Changed name to European
signatory Community (EC) with the Treaty of
• This body should not be the European Union (TEU) or Treaty
confused with the European of Maastricht (1992)
Council or the Council of the • TEU created the European Union
European Union (EU), of which the EC was a
• 46 member states (the UK is still component part
a member state!) • Lisbon Treaty (2009) – European
Union only
• 27 member states (the UK is no
longer a member state)
EU Law

Council of Europe v. European Union

European Court of Human Court of Justice of the


Rights (ECtHR) European Union (ECJ)

Located in Strasbourg, Located in Luxembourg


France City, Luxembourg
EU Law

Council of Europe v. European Union


EU Law

Next Week:
The History
of the EU

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